Legislature(2021 - 2022)BELTZ 105 (TSBldg)

02/21/2022 01:30 PM Senate LABOR & COMMERCE

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Audio Topic
01:34:26 PM Start
01:35:13 PM SB201
02:05:06 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 201 USE OF INTERNET FOR CHARITABLE GAMING TELECONFERENCED
Moved SB 201 Out of Committee
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
          SB 201-USE OF INTERNET FOR CHARITABLE GAMING                                                                      
                                                                                                                                
1:35:13 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SENATE  BILL NO.                                                               
201 "An  Act relating  to charitable  gaming online  ticket sales                                                               
and activities; and providing for an effective date."                                                                           
                                                                                                                                
1:35:47 PM                                                                                                                    
MELODIE  WILTERDINK, Staff,  Senator Mia  Costello, Alaska  State                                                               
Legislature, Juneau,  Alaska, presented SB  201 on behalf  of the                                                               
Senate  Labor  and  Commerce Standing  Committee.  She  read  the                                                               
following sponsor statement into the record:                                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Charities  in Alaska  have  long  utilized raffles  and                                                                    
     classics as  a way  to fundraise for  important causes.                                                                    
     But a  huge hinderance to these  fundraising efforts is                                                                    
     the  requirement  to  sell   raffle  tickets  and  draw                                                                    
     winners in  person. In  a state as  vast as  ours, this                                                                    
     has  limited  the  ability   of  charities  to  receive                                                                    
     support  from  all  corners  of  Alaska,  whether  that                                                                    
     charity is located  in a population center  or a remote                                                                    
     community.                                                                                                                 
                                                                                                                                
     Senate  Bill   201  would  modernize   Alaska's  gaming                                                                    
     statutes to allow raffle tickets  to be sold online and                                                                    
     for  winning tickets  to be  drawn  online. Instead  of                                                                    
     needing to  participate in  person, an  individual from                                                                    
     Hyder could  buy a raffle  ticket to support  a charity                                                                    
     hundreds of miles away in Nome and vice versa.                                                                             
                                                                                                                                
     Modernizing  charitable   gaming  by   allowing  online                                                                    
     ticket  sales  for  raffles   and  classics  will  give                                                                    
     nonprofit  organizations across  Alaska an  opportunity                                                                    
     to   increase  their   fundraising  and   expand  their                                                                    
     charitable efforts in our communities.                                                                                     
                                                                                                                                
1:37:15 PM                                                                                                                    
MS. WILTERDINK read the sectional analysis for SB 201 into the                                                                  
record:                                                                                                                         
                                                                                                                                
     Sec. 1   AS 05.15.060(a) Page  1, Lines 4-14, & Page 2,                                                                
     Lines 1-31                                                                                                             
     Amends  AS 05.15.060(a)  by adding  subsection (11)  to                                                                    
     direct the  Department of Revenue to  adopt regulations                                                                    
     to  establish  standards  for online  ticket  sales  to                                                                    
     ensure   compliance   with  charitable   gaming   laws,                                                                    
     including age and location verification.                                                                                   
                                                                                                                                
     Sec. 2  AS 05.15.640 Page 3, Lines 1-13                                                                                
     Amends AS  05.15.640 by  adding three  new subsections:                                                                    
     (d), (e), and (f).                                                                                                         
                                                                                                                                
     Subsection  (d) authorizes  permittees, operators,  and                                                                    
     holders  of a  multiple-beneficiary permit  to use  the                                                                    
     Internet  to conduct  charitable gaming  activities for                                                                    
     raffles,  lotteries,  dog mushers'  contests,  derbies,                                                                    
     and  many   types  of  classics,   as  defined   in  AS                                                                    
     05.15.690.  Subsection (d)  also authorizes  permittees                                                                    
     to draw winning tickets online.                                                                                            
                                                                                                                                
     Subsection (e)  requires the  purchasers of  tickets to                                                                    
     certify that they  are of legal purchasing  age and not                                                                    
     physically   present   in   an  area   that   prohibits                                                                    
     charitable gaming at the time of the ticket sale.                                                                          
                                                                                                                                
     Subsection  (f)  requires  permittees,  operators,  and                                                                    
     holders  of a  multiple-beneficiary  permit to  conduct                                                                    
     all charitable  gaming activities  within the  state of                                                                    
     Alaska,  including  determining   the  winners  of  any                                                                    
     charitable gaming activities.                                                                                              
                                                                                                                                
     Sec. 3  Page 3, Line 14                                                                                                
     Provides for an immediate effective date                                                                                   
                                                                                                                                
MS. WILTERDINK  offered to discuss  the definitions in  Section 2                                                               
for classics, contests, and derbies.                                                                                            
                                                                                                                                
CHAIR  COSTELLO asked  her to  first clarify  whether or  not the                                                               
bill is proposing something new  or extending an activity that is                                                               
already authorized and taking place.                                                                                            
                                                                                                                                
MS.  WILTERDINK  explained  that   a  provision  in  last  year's                                                               
disaster declaration  allowed charities in Alaska  to sell raffle                                                               
tickets online. SB 201 would make that provision permanent.                                                                     
                                                                                                                                
CHAIR  COSTELLO  asked for  some  examples  of charitable  gaming                                                               
activities.                                                                                                                     
                                                                                                                                
1:40:20 PM                                                                                                                    
MS.  WILTERDINK recounted  that the  Big  Bull Moose  Derby is  a                                                               
contest in which prizes are awarded  based on the spread of moose                                                               
antlers;  the Cabbage  Classic is  a game  of chance  where prize                                                               
money  is awarded  for the  closest guess  of the  weight of  the                                                               
winner of the  Giant Cabbage Weigh-Off at the  Alaska State Fair;                                                               
the Canned  Salmon Classic  is a  game of  chance in  which prize                                                               
money is  awarded for the  guess closest  to the total  number of                                                               
cases  of canned  salmon that  will be  packed at  the Petersburg                                                               
salmon canneries during  a certain timeframe; a  Crane Classic is                                                               
a game of chance in which  prize money is awarded for the closest                                                               
time  of arrival  of the  first  Sandhill Crane  to a  particular                                                               
location; a fish  derby is a contest in which  prizes are awarded                                                               
for catching fish; a goose classic  is similar to a crane classic                                                               
but specifically for the arrival of  the first goose to arrive in                                                               
the  spring at  Creamers Field  in Fairbanks  or the  Kenai River                                                               
flats.  The  latter  must  be run  by  the  Fairbanks  Montessori                                                               
Association, the Friends of Creamers  Field, or the Kenai Chamber                                                               
of Commerce. As  a general rule, she said these  are all games of                                                               
chance and prize money is awarded.                                                                                              
                                                                                                                                
1:42:21 PM                                                                                                                    
CHAIR COSTELLO turned to invited testimony.                                                                                     
                                                                                                                                
1:42:33 PM                                                                                                                    
KEVIN  KEHOE, President,  Alaska  Wild  Sheep Foundation  (AWSF),                                                               
Anchorage, Alaska, testified  by invitation on SB  201 in support                                                               
of  SB 201.  He explained  that  the bill  continues the  current                                                               
rules [regarding  online charitable  gaming] that have  been very                                                               
beneficial  for  AWSF  and other  conservation  organizations  in                                                               
Alaska. AWSF  is a  501(c)(3) organization  of about  700 members                                                               
and about  2,500 Facebook followers.  Last year  the organization                                                               
brought in  about $1.2 million  in gross revenue.  About $300,000                                                               
of the  gross came from  online raffles  and 85 percent  of those                                                               
sales came from  outside the state. He also pointed  out that the                                                               
bill includes  measures to help  avoid common pitfalls  of online                                                               
gaming  and   take  advantage  of   best  practices   from  other                                                               
jurisdictions.                                                                                                                  
                                                                                                                                
MR.  KEHOE   highlighted  the  ancillary  advantages   to  online                                                               
charitable gaming.  These include: access to  a broader audience;                                                               
inclusion  of   people  who  do  not   typically  participate  in                                                               
charitable gaming; increased efficiency  of sales; the ability to                                                               
adapt   to  new   norms  related   to  venue;   secure  financial                                                               
transactions;  faster  reporting;   speedier  compliance;  better                                                               
tracking of sales data; and continual marketing of Alaska.                                                                      
                                                                                                                                
MR. KEHOE restated  support for SB 201, opining that  there is no                                                               
reason to support  small business and not allow  them to leverage                                                               
the internet to increase business.                                                                                              
                                                                                                                                
CHAIR COSTELLO thanked him for  taking time to testify and making                                                               
a good case for the legislation.                                                                                                
                                                                                                                                
1:48:37 PM                                                                                                                    
DON WINCHESTER,  President, Dimond Alumni  Foundation, Anchorage,                                                               
Alaska,  testified  by  invitation  in  support  of  SB  201.  He                                                               
explained  that about  35 booster  clubs and  teams in  Anchorage                                                               
fall  under  the  umbrella  of  Diamond  Alumni  Foundation.  The                                                               
organization  was  formed about  30  years  ago to  help  schools                                                               
manage  fundraising  activities.  Raffles  have  always  been  an                                                               
integral  part of  fundraising, and  this was  interrupted during                                                               
the  COVID-19  pandemic  because  the  students  could  not  sell                                                               
tickets in person. Allowing tickets  to be sold and winners drawn                                                               
by  using the  internet  was  a game  changer.  It also  reflects                                                               
changing  times  and   the  fact  that  young   people  are  very                                                               
comfortable using the  internet. Online sales now are  seen as an                                                               
integral  part  of fundraising.  He  clarified  that despite  the                                                               
name, Dimond  Alumni Foundation serves  several high  schools and                                                               
well  over  half  of  the elementary  schools  in  Anchorage.  He                                                               
restated support for SB 201.                                                                                                    
                                                                                                                                
CHAIR COSTELLO thanked  him for testifying and  for everything he                                                               
had  done for  Alaska and  Anchorage to  ensure that  every young                                                               
person is able to participate, regardless of their sport.                                                                       
                                                                                                                                
MR. WINCHESTER said  the raffles have made it  possible for every                                                               
youth who wants to play to have the opportunity to do so.                                                                       
                                                                                                                                
SENATOR REVAK thanked Mr. Winchester  and Mr. Kehoa for what they                                                               
had  done   in  the  community.   He  agreed  with   Mr.  Kehoa's                                                               
observation that because  of this policy change,  more revenue is                                                               
coming from  out of  state to support  nonprofits and  the Alaska                                                               
Department of Fish and Game (ADF&G).                                                                                            
                                                                                                                                
MR. WINCHESTER  opined that participation would  expand as people                                                               
get more comfortable with online gaming.                                                                                        
                                                                                                                                
1:54:26 PM                                                                                                                    
JOHN  STURGEON,  President,  Safari Club  International  -Alaska,                                                               
Anchorage, Alaska,  provided invited  testimony in support  of SB
201. He  stated that the  Safari Club  mission is to  protect and                                                               
enhance hunting  opportunities for the Alaska  hunting community.                                                               
The  organization also  sponsors hunts  for Wounded  Warriors and                                                               
other  veterans, youth  camping and  shooting programs,  wildlife                                                               
conservation projects, ADF&G  programs, college scholarships, and                                                               
outdoor  education. As  a  nonprofit they  must  raise all  funds                                                               
through banquets and  raffles. He mentioned a  governor's tag and                                                               
guided  hunt  raffle that  is  expected  to  bring in  more  than                                                               
$500,000. After expenses, the proceeds  are split with 70 percent                                                               
going to ADF&G  and 30 percent to the Safari  Club. This money is                                                               
spent  on  wildlife  programs.  In  this  particular  raffle,  54                                                               
percent  of the  sales were  from nonresidents.  Also, the  funds                                                               
that go  to fish and  game are matched 3:1  with Pittman-Robinson                                                               
dollars. He restated strong support for SB 201.                                                                                 
                                                                                                                                
1:56:28 PM                                                                                                                    
DAVID  LAMBERT, representing  self, Fairbanks,  Alaska, testified                                                               
in  support of  SB  201.  He stated  he  is  a charitable  gaming                                                               
operator and online  sales have been very  beneficial. He thanked                                                               
the  committee   for  introducing  the  bill   and  stressed  the                                                               
importance of its passage.                                                                                                      
                                                                                                                                
1:57:05 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:57:21 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   opened  public                                                               
testimony on SB 201.                                                                                                            
                                                                                                                                
1:57:34 PM                                                                                                                    
MICHELLE  DEWITT, Executive  Director, Bethel  Community Services                                                               
Foundation, Bethel, Alaska,  testified in support of  SB 201. She                                                               
reported  that  the  organization   operates  the  Kuskokwim  Ice                                                               
Classic. Being able to move the  ice classic online last year was                                                               
a great opportunity to use  technology to reduce human errors and                                                               
substantially expand the  reach of the classic.  The net proceeds                                                               
from  the contest  go to  local nonprofit  groups, primarily  for                                                               
youths  and animal  rescue. She  restated strong  support for  SB
201.                                                                                                                            
                                                                                                                                
2:00:01 PM                                                                                                                    
CHAIR  COSTELLO  discerned  nobody  else wished  to  comment  and                                                               
closed public testimony on SB 201.                                                                                              
                                                                                                                                
2:00:06 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:01:23 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting.                                                                                          
                                                                                                                                
2:01:30 PM                                                                                                                    
SENATOR MICCICHE offered  his belief that the fiscal  note for SB
201  should  be  zero  rather than  indeterminate.  He  said  the                                                               
Department of Revenue  does not know what  the incremental impact                                                               
to state  revenues might be  from online gaming, but  there ought                                                               
to be  a bottom line on  what qualifies as indeterminate  and his                                                               
belief is that this goes beyond the bottom line.                                                                                
                                                                                                                                
2:02:18 PM                                                                                                                    
SENATOR  MICCICHE moved  to eliminate  the indeterminate  part of                                                               
the fiscal note, thereby making  it zero. He highlighted that the                                                               
fiscal note analysis says that  the "potential incremental impact                                                               
to state revenues is insignificant."                                                                                            
                                                                                                                                
2:03:25 PM                                                                                                                    
SENATOR REVAK objected to remind  members that this is already in                                                               
practice  and  he  could  not agree  more  with  the  President's                                                               
comments.                                                                                                                       
                                                                                                                                
SENATOR REVAK removed his objection.                                                                                            
                                                                                                                                
CHAIR  COSTELLO found  no objection  and the  motion to  zero the                                                               
fiscal note for SB 201 passed.                                                                                                  
                                                                                                                                
2:04:10 PM                                                                                                                    
SENATOR REVAK  moved to  report SB  201, work  order 32-LS1509\A,                                                               
from  committee   with  individual  recommendations   and  fiscal                                                               
note(s) that the committee had zeroed.                                                                                          
                                                                                                                                
CHAIR  COSTELLO found  no objection  and SB  201 with  the zeroed                                                               
fiscal note  moved from  the Senate  Labor and  Commerce Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
SB 201 Sponsor Statement.pdf SL&C 2/21/2022 1:30:00 PM
SB 201
SB 201 Sectional Analysis version A.pdf SL&C 2/21/2022 1:30:00 PM
SB 201
SB 201 Fiscal Note 2476 - DOR.pdf SL&C 2/21/2022 1:30:00 PM
SB 201
SB 201 Fiscal Note 2476 - DOR updated 2.21.22.pdf SL&C 2/21/2022 1:30:00 PM
SB 201
SB 201 Written Testimony Received as of 2.20.22.pdf SL&C 2/21/2022 1:30:00 PM
SB 201
SB 201 Written Testimony Received as of 2.21.22.pdf SL&C 2/21/2022 1:30:00 PM
SB 201